Action: Limited warranty on sofa's cushions runs out

We need help to solve a problem with a sofa purchased from La-Z-Boy in November 2001. The sofa cushions are defective. We first called the store in June, and it sent a very nice serviceman who said a new cushion would be ordered for us. It was delivered Aug. 28, after we called to inquire about it.

Unfortunately, La-Z-Boy sent a cushion for the wrong side. By this time the cushion on the other side had broken down, too. The serviceman tried putting some stuffing in the cushions. This helped for only a short time. In September, we talked to Bart Azzaro, the Largo store manager, and he ordered all new cushions for the sofa, which were delivered and installed Nov. 7.

In less than two months, the fabric that one's legs rest on was shifting off to the side, a problem we didn't have with the old cushions. In addition, the cushions were starting to break down on the sides like the originals.

We are people of average size and do not abuse our furniture. We take pride in our home but are ashamed of the way the sofa looks and feels now. The problem is that Mr. Azzaro contends that, although the cushions are covered by warranty, we will have to pay for service calls because the sofa is more than a year old. We feel La-Z-Boy should act responsibly and correct these problems at no charge. Shirley Kanyuck

Response: Bart Azzaro, manager for La-Z-Boy Furniture Galleries' Largo and Palm Harbor stores, said the conditions of sales are on the back of all receipts. Information is included on the limited warranty that covers any manufacturer's defects for one year at no cost to the customer. He said the manufacturer inspects the furniture before it is shipped, as do the stores when the pieces are delivered. In some cases, material defects happen and this is when the limited warranty comes into effect.

With regard to your sofa, Azzaro said La-Z-Boy has done everything it can during the warranty period to solve the problem. On the first attempt, he said the manufacturer sent the incorrect cushion part, causing you to lose confidence in his store. He said that was understandable.

He ordered the cushions again. This second time, he said he ordered all new cushions for your unit instead of replacing the defective ones. Since that time, your warranty has expired at the franchise level. Although your cushions were replaced relatively recently, he said this does not restart the warranty time frame for those particular items.

Your manufacturer's warranty still covers the frame and mechanism for the life of your unit, and the replacement of any such defective parts will always be free. However, customary labor rates will be charged by your local service dealer.

Copay confusion

I went to Ed White Hospital for gallbladder surgery with the understanding this was to be outpatient surgery. I entered the hospital at 10 a.m. and went home the same day at about 8 p.m. I was told by my doctor and hospital that if I didn't stay more than 23 hours this would be considered outpatient surgery. I received a bill for $300 from the hospital, which I paid, not realizing I was being overcharged by $200. My copay for outpatient surgery is $100, not $300.

I brought this to the attention of the hospital and was told I had been admitted and that I had to pay the $300. I am enclosing my discharge papers that show I was in and out the same day. My doctor said I should stay overnight if necessary. It was not necessary, so I had myself discharged without his consent.

I contacted my insurance company and you can see by its enclosed response that I was not responsible for any copayment at all, not even $100. Pearl Renker

Response: Karen Fry, chief operating officer for HCA-Tampa Bay patient account service center in Palm Harbor, said your medical record confirms you were in the HCA facility on Feb. 22, 2001, as an inpatient. Even though your stay was less than 24 hours, your medical condition required you to be admitted to the hospital as stated by your physician's orders recorded on the medical record. In September, an audit nurse spoke to you and explained that it was your decision to leave without the consent of your physician and that HCA could not change the doctor's orders.

Fry said she spoke to Humana on March 26, and it confirmed that your patient responsibility was $300. It turns out the letter you received stating you had zero responsibility was a mistake. You can expect to receive a corrected letter showing that you owed the $300 copay.

We're sorry we couldn't get your $300 returned, but look on the bright side: You've already paid it. We have encountered other instances where medical procedures require hospital admission, even though the stay is less than 24 hours. As an analogy, if you check into a hotel room but leave, say, later the same night, you would be still be charged the full day's rate.

- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances.

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